Sachin Pratap Kamble v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2585 OF 2019 Sachin Pratap Kamble ...Applicant V/s The State of Maharashtra

...Respondent

------ Mr. Vaibhav R. Gaikwad for the applicant.

Mr. S. H. Yadav APP for the State/Respondent. CORAM : PRAKASH D. NAIK, J.

DATE : 14th November 2019 PC :

1.

This application is seeking bail in connection with C.R. No. 0133 of 2019 registered with Karad Police Station, District: Satara, under Sections 307, 326, 504, 506, 143, 147, 148, 149 of Indian Penal Code, 1860 (for short 'IPC') and Section 3 (A), 4 of Prevention of Children from Sexual Offences Act, 2012 (for short 'POCSO Act').

2.

The applicant was arrested on 17th March, 2019. 3.

The prosecution case is that on account of previous quarrel, the injured persons were assaulted by the accused. It is alleged that the applicant and the co-accused

2 of 3 05-BA-2585-19.doc were armed with weapons. The co-accused assaulted injured Dattatraya Katkar and Vishal Virkayde. The investigation is completed and charge-sheet has been fled. 4.

The applicant has not been attributed role of assaulting the victim. The injury certifcate of victim Dattatraya Katkar indicate that he had suffered simple injuries whereas the injured Vishal Virkayde had sustained four injuries in the nature of CLW which are grievous and simple in nature. Learned APP submitted that the applicant was present along with the co-accused who has assaulted the injured persons. Considering the role attributed to the applicant and also considering the fact that the applicant is in custody since 17th March, 2019 and charge-sheet is already fled, on certain terms and conditions, bail can be granted to the applicant.

5.

Hence, I pass the following order:

:: O R D E R ::

(I) Bail Application No.2585 of 2019, is allowed; (ii) The applicant is directed to be released on bail in connection with C.R.No. 133 of 2019, registered with

3 of 3 05-BA-2585-19.doc Karad Police Station, District - Satara on furnishing PR Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;

(iii) The applicant is directed to stay out of the jurisdiction of Karad Police Station, District: Satara till the conclusion of the trial;

(iv) The applicant shall furnish his address to the investigating ofcer with regard to place of his residence and shall report the nearest police station once in a month on frst Saturday of the month between 10:00 a.m. to 2:00 p.m. where he would reside after being released on bail;

(v) The applicant shall enter within the jurisdiction of Karad Police Station, District: Satara only for the purpose of attending the Court proceedings;

(vi) Bail Application stands disposed of.

(PRAKASH D. NAIK, J.)